1852.
Mr. Ed.
Morgan, The Marriage Ordinance, No. 1 of 1852, was passed on the
Marriage 16th March, Mr. Edward Morgan , Auditor's Clerk, being ap-
Registrar.
His death. pointed first Marriage Registrar under it. This gentleman , it
Governor may be noted, died whilst on leave, at Point de Galle, Ceylon,
Sir G. on the 28th October , 1853 .
Bonham
leaves for
England The Governor, Sir George Bonham, left for England on
on leave.
Major- medical certificate by the P. & O. Steamer Ganges , on the 30th
General March. The Government Notification of that date, announe-
Jervois actsr
as Governo ing his departure, also notified that Major- General Jervois,
and also the Lieutenant - Governor, would administer the Government
as Chief
Superin- during His Excellency's absence, and until further notice, the
tendent of functions of Chief Superintendent of the Trade of British
British
Trade subjects in China also . On the 14th April, a further notifica-
pro tem. tion announced " that a full power as Her Majesty's Plenipoten-
Act 3 and 4
Wm. IV.c. 93 . tiary and a Commission as a Superintendent of Britith Trade
Dr. Bowring in China under the Act of 3 and 4 Wm. IV . c. 93 , addressed to
appointed
Her Ma- John Bowring, Esquire, LL.D , Her Majesty's Consul at Canton,
jesty's acting
Plenipoten- had arrived by the last mail, and that Dr. Bowring had , in
tiary and a obedience to Her Majesty's Commands , entered that day upon
Superin- the duties of his office. " The commission appointing him was
tendent of
British dated the 19th December, 1851. Dr. Bowring had arrived from
Trade.
Canton in the H. E. I. Co's Steamer Nemesis, and landed under
Dr. Bowring
assumes the usual salute. On arrival
On arrival he
he at
at once
once took
took up his residence at
duties.
* Sec antè Chap. XII . § 11., p. 301.
† Jd. pp. 304, 309.
+ See ante Chap. x. , p. 199,
DESERTION IN HER MAJESTY'S MILITARY AND NAVAL FORCES. 323
Government House, being replaced at Canton by Mr. Adam Ch. XIII § I.
Wallace Elmslie, the Vice-Consul. * 1852.
It had long been one of the grievances of the Colony that it actsMr. Elmslie
in
should be charged with an enormous salary when the principal Canton.
portion of the duties of the recipient, were exercised under the The grievance
of the
Foreign Office, and for the benefit of British residents in China, Colony in
who contributed nothing to Hongkong. The change noted burdened
ing
above, therefore, was one of considerable importance, and it was with entire
salaries of
thought that the permanent disjunction of the offices might combined
operate beneficially and to the Colony prove a manifest relief. offices
Governorof
,
On the departure of Sir George Bonham, the usual addresses etc.
were presented to him . During his administration, as will Permanent
separation
be remembered, complaints had been heard from time to of Governor-
time as to the deficient interpretation in the Courts of the ship of
that from
Her
Colony, and of his interference with judicial sentences , but Plenipoten-
Majesty's
a Governor whose acts no one could find fault with has never
yet been appointed, and Governor Bonham, it is to be presumed , Chief
Superin.
could not be expected to leave Hongkong amid universal plaudits . tendent of
British
On the 31st March, Mr. Mercer was gazetted a member of Trade
the Executive Council. believed
beneficial.
The desertion of soldiers and sailors from the Colony had of Administra-
late become so frequent that the authorities at last awoke to a Governo
ton of r
sense of their responsibility and determined to cope as far as Bonham
reviewed.
they could with the growing evil . At the Sessions held on the Mr. Mercer
15th April, there were no less than three cases in which the pri- gazetted a
member
soners were charged with aiding soldiers to desert. There had been ofthe
upwards of twenty desertions since the 1st January, and nearly Executive
Council.
all had been inveigled on board ships in the harbour, chiefly Desertion of
whalers in want of hands. In one case no less than four soldiers soldiers and
sailors.
had been stowed away by the mate in the forehold . In one case a Three cases
verdict of not guilty was returned , the majority of the witnesses of aiding
soldiers
having left the Colony in the whaleship Mount Wollaston, in to desert .
which two soldiers of the 59th Regiment had deserted the year The deserters
before. From the ill-usage they were exposed to, both fell sick, inveiglel
on board
one of them becoming totally blind, and at the first island reach- whalers.
ed they were put on shore and left without medicine, clothes , or The eases,
provisions of any kind . Such was the report as given by one
of the seamen of the vessel, upon whose testimony the sailor Their ill-
who enticed these unfortunate men to desert was committed usage.
for trial, and, without doubt, it was in consequence of these
disclosures that the Acting Governor, Major - General Jervois , Ordinance
caused Ordinance No. 2 of 1852 , dealing with the suppression No. 2 of
1852, for the
of desertion in such cases, to be promptly framed and passed , the suppression
of desertion.
same being brought into operation on the 18th May, 1852 .
* For previous reference, see antè Chap. IX.. p. 189.
f On the return of Governor Bonham, the offices were combined as before -see Chap.
XIV., infrà.
324 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XIII § J. At this Sessions also , R. G. Heycock was convicted of set-
-
1852. ting fire to the American ship Rhone, and sentenced to fifteen
Conviction
years' transportation , dying in prison , however, a year after-
of Heycock
for setting wards , on the 20th April, 1853.
fire to the
American Another cause célèbre was tried at the Criminal Sessions on
ship Thone. the 17th April, when Clementi and nine other Portuguese sea-
Barque
Herald. men, of the British barque Herald, stood their trial on a charge
Trial of of piracy and murder of the Captain , chief, and second mates
Portuguese
seam en for and others to the number of seven, (including the captain's
piracy and wife, Mrs. Lawson ) of the said ship. The crime was a horrible
murder.
Crime a and most barbarous one, the motive being robbery, some of the
horrible and officers being actually butchered while asleep or lying ill. The
barbarous
one. ship was at the time on her voyage from Shanghai to Scotland,
Scuttled on and was scuttled on the rocks on the south coast of Java. The
the south Dutch authorities , who effected the arrest of the prisoners, had
coast d by acted most honourably and with praiseworthy efforts in the
ofJava,
Arreste
the Dutch.
matter. forwarding the crew, after their capture, to Singapore
from whence they were duly shipped to Hongkong. At the
trial, the acting Chief Justice, Mr. Sterling, presided , Mr.
Bridges prosecuting for the Crown, the prisoners being defended
Sentenced by Mr. Gaskell. The prisoners were found guilty and sentence
to death.
of death was passed on the ten of them . Two of the remaining
crew against whom nothing appeared in the indictment, were
put out of the dock and afterwards discharged by proclamation .
On the 26th April , the acting Governor proclaimed that the
sentence passed on four of the prisoners had been commuted to
The execu transportation for life, the last sentence of the law being carried
tion. out on Monday, the 3rd May, at six o'clock in the morning,
on the remaining six. The six men had been attended by
a priest of their own persuasion who ministered to them on
On the the scaffold , where one of the doomed men addressed the
scaffold.
crowd, composed of all classes, to the effect that both him-
self and his companions were sensible of the justice of their
punishment, and that they did not deserve to live . The hang-
man on this occasion was a coloured American prisoner whose
term of imprisonment was reinitted as a reward for his services .
" After hanging for an hour, " says a report, " the bodies were cut
down and thrown into a wagon to which a horse stood harnessed
close by, and covered with inats, the heap of lifeless flesh was
taken back to the Gaol where it was interred . This part of the
business was the most revolting of the whole . "
A free A boy, named Chow Atae, convicted of robbery at the Ses-
pardon. sions of the 16th April, was granted a free pardon by the
Governor on the 8th June.
Coroner's Owing to the unnecessary inconvenience to which Coroner's
inquest
Juries were subjected, in consequence of representations made
COUNSEL TO UNDEFENDED PRISONERS . 325
to the Governor by a juryman, official intimation was received Ch . XIII § I.
early in May, that " in order to promote public convenience, 1852.
inquests would be held at the Central Police Station except in held at
Central
cases offering obstacles to such an arrangement.' Police
Station.
The prerogative of mercy, consequent on the approach of the Another
Queen's Birthday, was extended to Cheng Akai , convicted at the on
freeQueen's
pardon
last October Sessions of manslaughter. Birthday.
The Registrar of the Supreme Court, Mr. Robert Dundas Death of
Cay, on the 21st June, had to deplore the loss of his wife, Mrs. Cay.
whose death took place at Victoria, on that date. This lady
had arrived in the Colony at the same time as Mr. Cay, in May,
1844. *
On the 29th June, Ordinance No. 3 of 1852 , entitled " An Ordinance
Ordinance to amend the Law of Evidence," and Ordinance No. 1852,3of to
4 of 1852 entitled " An Ordinance to facilitate the Administra- amend
the law of
tion of Criminal Justice," were duly passed . These Ordinances, evidence.
which are very nearly exact copies of two Acts passed in Eng- Ordinance
No. 4 of
land the year before [ 14 and 15 Vict. , Cap. 99 and 100 ] , 1852 , to
were apparently promulgated without being first published for facilitate the
administra-
public information, but undoubtedly they were then great tion of
strides in local legislation , and an important change in the ad- criminal
justice.
ministration of justice . Nearly exact
copies of
Complaints were now formulated in respect of prisoners in se- Act 14 and
rious cases, mostly involving capital sentences, not being allowed 99 and 100.
counsel in their defence when unable themselves to retain them. Complaints
about
It had been the practice of the Court until now, sometimes to prisoners in
ask a solicitor or counsel to defend a prisoner, or for counsel capital
cases not
to consent to undertake the defence of a prisoner, generally a allowed
European , when applied to direct by the prisoner himself , and unable
counselto
when
not infrequently was the application made in open Court to retain one.
any professional who happened to be present, but there existed The practice
no regular system or order upon the point, and the matter was heretofore
in force.
now taken up by the local press , the acting Attorney - General , No regular
Mr. Bridges, being asked to effect some reform or improvement system.
by which every prisoner should have a lawyer to defend him , as
the same facilities and abilities should be brought to the defence as Reform
are brought to the attack. There could hardly be any hardship asked
upon thfor
e
defence point.
if each of the lawyers in the Colony were to take up the
of criminals in rotation of Sessions , and , in comparison with the
the jurors, it certainly would not be so hard, even if the
service were gratuitous, as it was to take away from the com-
See ante Chap. II., p. 47.
On this point see the case of Steele, reported ante Chap. XII. § I., p. 276. At the
trial of Chui Apo, it will be remembered , Mr. Gaskell undertook the defence of the pri-
soner at the request of the Governor, see antè Chap. XII. § 11., p . 297. See also the case
of Wm. Kelly in 1856, when Counsel and Solicitor were appointed in Court to defend the
prisoner-Chap. XVI. § 11., infrà.
326 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIII § I. munity eighteen of its working members to form a jury. But
-----
1852. it was not really until 1872 that any reform was effected . *
Retirement
of Mr. A. R. On the 9th July, Mr. A. R. Johnston, Secretary and Registrar
Johnston
from the to Her Majesty's Plenipotentiary and the Superintendency of
service. British Trade in China , retired from the service, and was suc-
His career.
Succeeded ceeded by Mr. Frederick Harvey on a reduced salary.†
by Mr. F.
The July Criminal Sessions was held on the 15th and 16th
Harvey.
July Crimi- July. The first case was that in which a woman was charged
nal Sessions. with keeping a bawdy house . The prisoner, as usual with Chi-
Charges of
keeping nese in those days, was undefended , and pleaded not guilty.
bawdy Such cases, being committed for trial before the Supreme Court ,
houses.
instead of being adjudicated upon by the Magistrate, had already
Outrages on given offence, and it was hoped that this was the last instance the
public
decency. Hongkong public would have of similar outrages on public
The Magis- decency. The Magistrate, in committing such cases for trial , did
trate's
in object so with the object of securing a heavier punishment on the
commit-
ting for trial. delinquents than he himself could inflict, hoping thereby to put
Chief down a growing evil, but neither the public nor the Chief
Justice
Hulme's Justice, Mr. Hulme when in office, looked upon it in the same
opinion. light, and the Jury, in returning a verdict of not guilty, accom-
Verdict of
the jury. panied it with the following remarks : --
" In returning a verdict of acquittal, the Jury beg to remark that the pri-
soner had been in gaol for a period of nearly three months, as heavy a punish-
ment as the offence deserved , had she been found guilty. And they further
beg to recommend that the Magistrates be instructed to decide such cases
summarily in future . ”
Mr. Sterling, The acting Chief Justice, Mr. Sterling, rebuked the Jury for
acting Chief going beyond their province, and laid it down that the public
Justice,
rebukes prosecutor was the proper person to determine the point, having
the Jury .
* See Vol. II ., Chap. LVI.
† Mr. Johnston entered Her Majesty's Civil Service at the island of Mauritius in
February, 1828 ; from which he was transferred to the Civil Service in China, whence he
proceeded in January, 1834, as private secretary to Lord Napier, who arrived in Macao
Roads on the 15th June, 1834, in H. M. S. Andromachr. After His Lordship's death in
October of that year, Mr. Johnston was made Secretary and Treasurer to the Superin-
tendent of Trade, and some time afterwards, third Superintendent of Trade. When
in 1837 , the offices of second and third Superintendent were abolished, Mr. Johnston
was appointed to the office of Deputy Superintendent , which he held until November,
1843, when the changes brought about by the Treaty in the position of the Chief Superin-
tendent, who was likewise Governor of Hongkong, created a corresponding alteration in
the duties of Mr. Johnston's office, who from Deputy Superintendent, became Secretary
and Registrar,* which post he held until the 9th July as shown above, when, having
obtained a handsome pension, he was succeeded by Mr. Harvey. In June, 1841 , Mr.
Johnston administered the Government of Hongkong.† until he was relieved by the arrival
of Sir Henry Pottinger from the North, and was appointed a member of the Executive
and Legislative Councils previously to his going Home in November, 1843, on sick leave,
and on his return to Hongkong in 1846 , Sir John Davis appointed him to a seat in the
Executive Council. Mr. Johnston belonged to a family which had long held a conspi-
cuous place in the public service. His father, Sir Alexander Johnston, was Chief Justice
of Ceylon, and held the office of Judge of Appeals before the Privy Council from 1831 to
1848. A brother of his had been employed in Portugal and Spain, and had settled the
claims of Don Pacifico to the entire satisfaction of the Foreign Office. Mr. Johnston
retired on a pension of £ 600 a year.
* See Introduction, antè p. 24.
† Id. p. 9.
INTERPRETATION A MOMENTOUS QUESTION. 327
a discretion in such matters, which in his ( Mr. Sterling's ) Ch. XIII § 1.
opinion had been wisely exercised in the present instance. It 1852.
will be remembered that Mr. Hulme, the Chief Justice, fully
concurred with the Jury in their views similarly expressed at
the Criminal Sessions held in December, 1851. *
A Government Notification , on the 19th July, intimated that Mr. Hillier.
Mr. Hillier, the Chief Magistrate, had been granted six months' Chief
Magistrate,
leave of absence on sick certificate, and that Mr. W. H. Mitchell , goes on
leave.
the Assistant Magistrate and Sheriff, would perform his duties, Changes in
and that Mr. May, the Superintendent of Police, would fill the consequence.
Mr. W. H.
offices of Sheriff and Coroner, and perform magisterial duties, Mitchell.
whenever his services were required. Mr. May.
Mr. Hillier, together with Mr. Johnston, the retiring Secretary Departure
and Registrar to the Plenipotentiary, left for England, on the ofMessrs.
Hillier and
23rd July, by the P. & O. Steamer Malta. On the 5th August, Johnston.
Return from
Lieutenant Pedder, the Harbour Master and Marine Magis- leave of
trate, who had returned to the Colony on that day, resumed Lieutenant
Pedder.
the duties of his various offices , and on the same date, Mr. May Mr. May,
was gazetted as Marshal of the Vice- Admiralty Court rice Mr. Marshal of
the Vice-
W. H. Mitchell while performing the duties of Chief Magistrate . Admiralty
Court.
Ordinance No. 5 of 1852, giving power to the Registrar to Ordinance
issue writs of Capias ad Respondendum during the illness or No.
1852.5 of
temporary absence of the Chief Justice, was passed on the 11th writs of
August. Capias ad
Responden-
During this month, the interpretation , or rather want dum.
of interpretation, in the Courts again formed the subject of tion
Interpreta-
in the
public discussion. Mr. Caldwell, the Assistant Superintendent Courts again
of Police, was about the only reliable interpreter the Colony discussed
Mr. Cald-.
possessed, and it was often asked what the condition of things well's
would be, should he die or leave the Colony , quite apart from multifarious
duties.
the multifarious duties he had to perform, for, besides his Police
duties, he was also Chinese Interpreter to the Supreme Court,
occasional Chinese interpreter at the Police Court, and in addi-
tion was also interpreter in Portuguese, Malay, and Hindustani ,
and Joint- Assessor and Collector of the Police rate. The
Government was asked to take immediate steps to bring about The interpre
tation
animprovement in what was considered a public scandal, com- question a
parisons being drawn between interpreters allowed under the scandal.
public
Foreign and Colonial Offices, greatly to the detriment of the
latter. This was a momentous question concerning no less than Suggestion
that boys
almost the entire administration of justice in the Colony, and in the
now for the first time in the records, is to be found the sugges-
public
school be
tion that boys in the public schools of the Colony should be specially
specially trained as interpreters . trained.
* See antè Chap. XII. § II., p. 308.
See Chap. XI.. p. 223, and references there given,
328 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XIII § I. It may not be inappropriate here to note that news of the death
1852. of the Duke of Wellington , which took place on Tuesday after-
Death of
the Duke of noon , the 14th September, 1852 , at Walmer Castle, England.
Wellington. reached Hongkong on the 3rd November, by the P. & O. Steamer
Ordinance Pottinger.
No. 6 of
1852, for the Ordinance No. 6 of 1852 , -a very necessary enactment, -which
prevention
of desertion met with general approval, for the prevention of desertion and
and better
better regulation of merchant seamen in the Colony, was passed
regulation of
merchant on the 6th November . More than once the claims of seamen
scamen.
Claims of to local consideration had been publicly urged, and the creation
seamen to of a Sailors' Home suggested , whereby the bodily comforts of
local consi-
deration. the numerous sailors frequenting the port might be attended to.
Creation of
a Sailors' At the Criminal Sessions held on the 15th November, a piracy
Home
suggested. case against two Chinese broke down in consequence of the wit-
November ness professing ignorance of the dialect in which the interpre-
Criminal
Sessions. ter spoke to him. This the acting Attorney- General considered
Witness a more sham, and, at his earnest request, the acting Chief
professing Justice, after some demur, sentenced the witness to six weeks'
ignorance
of dialect imprisonment for contempt of Court. The witness fully under-
spoken,
punishedisfor stood the sentence, however, when translated to him, the
contempt prisoners themselves being discharged .
of Court.
Sentences
of death. On the 15th December two prisoners were sentenced to death,
one for highway robbery, and the other for murder on the
high seas .
Ch. XIII § II.
1853 .
Pawnbrokers The pawnbrokers waited upon the Governor on the 31st
wait upon
the Governor. January to complain against the action of the Police in occa-
Complaint sionally intruding upon their premises in search of stolen pro-
against the perty, but as the calling of a pawnbroker made no exemption as
Police in
search of regards visits from the Police, and which they certainly did not
stolen
enjoy in their own country, nothing seems to have come of
property.
the deputation .
Acting
Chief
Justice On the 2nd February, the acting Chief Justice granted per
grants
permission mission to certain press reporters to attend his chambers at the
to press hearing of an important matter, wherein it was sought to re-
reporters strain a local solicitor who received an annual retainer from a
to attend
histhe
at chambers company as its legal adviser, from appearing on behalf of an
hearing opponent who was now desirous of retaining his services as
of an against the said company.
important
matter.
Privy The Privy Council on the 3rd February dismissed the appeal
Council
appeal Y. J. case in which Yorick James Murrow was the appellant and
Murrow r.
C. J. F. Charles James Fife Stuart the respondent. This was an action
Stuart, brought by the respondent , as endorsee, against the appellant,
THE FIRST APPEAL TO THE PRIVY COUNCIL . 329
as drawer, of a bill of exchange for £ 1,154 . 15s. 7d. The bill Ch, XIII § II .
was drawn by the appellant under the name and style of " Mur- 1853.
row & Co., " upon and accepted by Messrs . Johnson , Cole & Co. ,
payable six months after sight to the order of the appellant,
and by the appellant endorsed to one Burn, and by Burn en-
dorsed to W. W. Cargill, " value in account with the Oriental
Bank," and by Cargill endorsed to the respondent. Burn was
the manager of the bank at the time of the endorsement to
him, and the respondent was the manager at the time of the en-
dorsement to him. Upon the bill being dishonoured , the re- Decision
of Chief
spondent as endorsee brought an action against the appellant as Justice
drawer. The defendant, Murrow, filed a general demurrer that Hulme
the endorsements preceding that to the plaintiff were restrictive . affirmed.
Chief Justice Hulme held that there was nothing upon the en-
dorsement by Burn to preclude Cargill, the restricted endorsee,
from making an assignment of the bill, so as to give the subse
quent endorsee a right of action for the benefit of the restrain-
ing endorser, or cestui que trust, as the case may be, which
decision was affirmed by the Judicial Committee of the Privy The first
Council. * appeal
against
a decision
This was the first appeal against a decision of the Supreme of the
Supreme
Court of Hongkong, which, it may be added , was permissible at Court of
this time under the Act 2 & 3 Wm . IV. c. 92.† Hongkong.
* See 8 Moo . P.C.C. 267.
See also 3 & 4 Wm. IV., c. 41 ; 6 & 7 Wm. IV. , c. 112, and Ex parte Smyth, 2 C.
M. & R. 748 ; s. c. 3 Ad. & E. 719 ; 1 Tyr. & G. 222 ; 5 N. & M. 145.
330
CHAPTER XIV .
1853-1854 .
SECTION I.
1853 .
Sir George Bonham's return from leave. - Made a Baronet .--Return of Chief Justice
Huline and of Mr. Hillier, the Chief Magistrate. - Offices of Governor and Plenipotentiary
combined as before. - Chief Justice returned in improved health. — Mr . Sterling as acting
Chief Justice. Mr. Bridges as acting Attorney-General. — Mr. T. Wade, appointed Vice-
Consul at Shanghai.-- Dr. Bowring returns to Canton. - Mr. Trotter, Clerk to the Chief
Justice, goes on leave. - Mr. Bevan, of The Hongkong Register, acts.-Dr. Bowring goes to
Java. Mr. H. S. Parkes acts at Canton. - Convicts leave for Penang.- Dr. Bowring pro-
ceeds to England.- Mr. Hillier appointed member of the Legislative Council, and Mr.
Sterling, of the Executive Council. - The Governor visits northern consulates -Consular
appeal, Wardley & Co. v. Wilkinson . Refusal of Consul to allow counsel to appear before
him. The Chief Justice's opinion.- Departure on leave of Mr. Cay, the Registrar. - Mr.
Alexander acts.-Mr. W. H. Mitchell, Assistant Magistrate, goes on leave.- Mr. May acts.
---Mr. Caldwell, acting Superintendent of Police.- Crime at this period . The Police.—
Public meeting proposed.--April Criminal Sessions. Trivial cases committed. -Home cur-
rency. Legal tender.- Free pardons on Queen's Birthday. - Tenders for the erection of a
tread -wheel in the prisons.--Privy Council Appeal Tromson v. Dent and others.—Appeal
against decision of Mr. Sterling, acting Chief Justice.--Appeal dismissed .- Divorce case of
Mr. W. H. Mitchell, Assistant Magistrate, and his wife. -The report of the case. - Separation
pronounced for. —Apathy characteristic of the Chinese. - Chinese in serious cases of assault
and robbery looking on and not assisting. - Assault on Captain Montgomery, of the Pestonjer
Romanjee.--Lo Ahoi, a by-stander, committed for misprision of felony. - The Chinese peti-
tion the Chief Magistrate. — Mr. Hillier's reply.—Apathy displayed by Chinese where their
own persons and property not at stake.--Acquittal of Lo Ahoi . -Admiral Pellew succeeds
Admiral Austen.- The appointment criticized in The Times.- Destruction of pirates by
Admiral Pellew.-- Murder of Europeans on board the Arratoon Apear by Chinese. - The
murderers escape.-- Order ofthe Queen-in-Council of the 13th June, 1853 , abolishing Consular
Ordinances and substituting a Code.- Powers heretofore vested in the Supreme Court.-
Power for Superintendent and Consuls to make rules and to enforce them by fine and im
prisonment.--Civil suits.--Appeals to the Supreme Court of Hongkong and to the Chief
Superintendent. - Breaches of rules and regulations.--Appeal from Consul or Vice-Consul
to the Chief Superintendent. - Case for trial before the Supreme Court of Hongkong. - The
power of deporting refractory subjects.--Generally. - Ordinance No. 1 of 1853.-- l'ublica-
tion of first Government Gazette.- Order of the Queen-in-Council of 13th June, 1853,
establishing Rules in Appeals to the Queen-in- Council.-- Mr. E. R. Michell replaces Lieute
nant Pedder on leave. - Tenders for conveyance of convicts to l'enang.--Determination of
Chinese affairs.- Ordinance No. 3 of 1853. - Duties of Chinese tepos under Ordinance No.
13 of 1844 extended .-- Settlement of civil suits among Chinese.--Code of laws by General
Gough for the government of the Chinese community.-Opposition to Chinese being given
share in the administration of justice.- Ordinance No. 3 of 1853 experimental only. -The
preamble. - A ' tepo.'—Ordinance No. 13 of 1844. - Paouchong and Paoukea Chinese peace
officers.--First attempt at legislation for benefit of Chinese.- Main opposition to Chinese
being entrusted with administration of the law.- Public opinion on the point.-Ordinance
No. 6 of 1857.
SECTION II.
1854 .
Dr. Bowring appointed Governor of Hongkong and Her Majesty's Plenipotentiary, etc.
-English opinion. - Dr . Bowring presented to the Queen and knighted .--His arrival in
Hongkong. - Colonel Caine, Lieutenant-Governor. - Mr. Mercer, Colonial Secretary, rice
Caine. -Colonel Griffin, R.A., commanding the troops , a member of the Executive Coun
cil. -Colonel Caine's commission only effective in the absence of Sir John Bowring.--Mr.
Mercer a member of the Executive Council. -Departure of Sir George Bonham. His
policy in Hongkong.-- Supernumerary interpreters attached to Consular Establishment
RETURN OF GOVERNOR BONHAM · AND CHIEF JUSTICE HULME . 331
increased . —Mr. Bridges consults the Chief Justice upon a matter. The Chief Justice's
reply. The Court does not sit as a consulting surgeon ." -Tenders for passage of Chinese
convicts to Penang.-The recall of Admiral Pellew. -Admiral Sterling succeeds Admiral
Pellew. -Admiral Seymour as successor to Admiral Sterling.- Death of Lieutenant Pedder,
the Marine Magistrate, etc. -Captain T. V. Watkins, R.N. , replaces Lieutenant Pedder.-
All marine cases, except Chinese, entertained by Marine Magistrate. Ch. XIV § I.
THE P. & O. Steamer Singapore arrived in Hongkong on Sun- Sir George
day, the 13th February. She brought as passengers the Govern- Bonham '
return from
or, Sir George Bonham, who had been raised to the dignity of leave.
a Baronet shortly before leaving England , the Chief Justice, the Made a
Honourable J. W. Hulme, and the Chief Magistrate, Mr. Hillier . Baronet.
Return
Sir George Bonham's return solved several important problems. of Chief
Justice
The first was as to his return , which had been doubted , and the Hulme an l
next as to the probability of the two offices of Governor and of Mr.
Hillier,
Plenipotentiary being ever united again in one official . * the Chief
As regards the respected Chief Justice, whose health had Magistrate.
Offices of
much improved by his trip to Europe, his resumption of and Governor
Pleni-
duties in the Colony was a source of great satisfaction , though potentiary
at the same time, regret was felt in taking leave of the combined
acting Chief Justice, Mr. Sterling. His conduct, while hold- as before.
Chief Justice
ing the office of acting Chief Justice, had entitled him to the returned
highest respect. He was believed to be conscientious , and had in improved
health.
proved an able and painstaking Judge, and a worthy repre- Mr. Sterling
acting
sentative of the gentleman on whose return the Colonists congra- as acti
Chief
tulated themselves. Mr. Bridges, as acting Attorney - General, Justice.
had also filled his office in a satisfactory manner, patting aside Mr. Bridges
as acting
his inexperience and want ofknowledge of common law to which, Attorney-
General.
it was said , his previous studies had not been directed .
Mr. T. Wade,
On the 14th February, the appointment of Mr. Thomas Wade, appointed
Vice- Consul
the Assistant Chinese Interpreter and Interpreter to the Govern- at Shanghai.
or, as British Vice -Consul at Shanghai, vacant by the promo- Dr. Bowring
returns to
tion of Mr. Robertson , barrister-at -law, to the Amoy consulship, Canton .
and who, it will be remembered , arrived in the Colony at the Mr. Trotter,
Clerk to
same time as Mr. Sirr in 1844, was duly gazetted. The resump- the Chief
tion by Dr. Bowring of his duties as Consul at Canton was goe Justice,
s on
also notified on the same day. leave.
Mr. Bevan,
Mr. G. A. Trotter, Clerk to the Chief Justice, proceeded to Eng- of The long-
land on leave of absence on the 25th February, being replaced by kong -
gister, acts.
Mr. W. F. Bevan, of The Hongkong Register editorial staff. Dr. Bowring
goes
Having obtained three months ' leave of absence, Dr. Bowring to Java.
Mr. H. S.
left Hongkong on the 10th March by H. E. I. Co.'s Steamer Parkes
Semiramis, on a tour to Java, being in the meantime succeeded acts at
Canton.
by Mr. Harry S. Parkes, Interpreter to the Canton Consulate . Convicts
By the same boat there left twenty convicts, nineteen Chinese leave for
Penang.
and one Malay, for Penang.
The separation was not effected until 1859 -see Chap. XXVIII., infrà.
4 See ante Chap. V. § 11., p. 130 ; and Chap. IX,, p. 189 .
See antè Chap. 11., p. 55.
332 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIV § I. On the 1st May, Dr. Bowring's leave was extended to twelve
1853. months, when he left for England , Mr. Robertson proceeding
Dr. Bowring from Amoy to replace him .
proceeds to
England . A notification, of the 8th March, announced the appointment
Mr. Hillier
appointed of Mr. Hillier to the Legislative Council , in the room of Mr. :
member Sterling, removed to the Executive Council. This arrangement
of the
Legislative was considered satisfactory so long as the Governor's power in
Council, making laws was unlimited , and the proceedings of the Council
and Mr.
Sterling, kept secret.
of the
Executive On the morning of the 13th March, the Governor proceeded
Council, to the northern consulates in H. M. S. Hermes, returning on
The Gov-
ernor visits the 26th May, the government in the interval having been
northern administered during his absence by the Lieutenant - Governor ,
consulates.
Major- General Jervois .
Consular In the Consular appeal case of Wardley & Co. v. Wilkinson,
appeal,
Wardley & Sanders & Co. , Chief Justice Hulme, on the 21st March,
Co. r. Wilkin- expressed surprise at the acting Consul at Canton , Mr.
son.
Refusal Elmslie, having refused to allow counsel, Mr. Pollard , to
of Consul appear before him, and said he was astonished at any Court
to allow
counsel refusing such assistance, and remitted the case for re-hearing.
to appear It may be remarked that Mr. Bridges now appeared for the
before him. appellants , and the Attorney - General for the Consul . The Chief
The Chief
Justice's Justice expressed his opinion that the presence of legal men in
opinion. the Consular Courts could only tend to make proceedings more
regular, adding, moreover, that he did not admire the way things
were conducted in the Consular Courts . After much discussion,
as will be seen hereafter, it was not until 1856 that the right
of counsel to appear before the Consular Courts was really
admitted .†
Departure Mr. Cay, the Registrar of the Supreme Court, proceeded on
on leave
of Mr. Cay, leave of absence on the 24th March, being succeeded by Mr.
the Regis- Alexander, the Deputy Registrar, and on the same date Mr.
trar.
Mr. W. H. Mitchell, styled " Assistant Magistrate of Police, Sheriff,
Alexander Provost Marshal, and Marshal of the Vice- Admiralty Court and
acts.
Coroner," went on twelve months ' leave. Mr. Charles May,
Mr. W. H.
Mitchell, Superintendent of Police and Registrar- General, replaced him,
Assistant
Magistrate, while Mr. Caldwell, styled " Assistant Superintendent of Police
goes on leave. and General Interpreter," replaced Mr. May.
Mr. May acts.
Mr. Cald- The number of burglaries committed in the town was at this
well, acting period again on the increase, the thieves placing the Police com-
Superin-
tendent of pletely at defiance, and so strong had latterly become the in-
Police. security of property, that it was proposed to call a public meeting
Crime at
this period. and appoint a deputation to remonstrate with the Government.
See antè Chap. XIII. § 1., p. 322.
Chap. XVI. § II , infrà.
See antè Chap. XII. § 1., p. 288.
DIVORCE OF MR . W. H. MITCHELL, ASSISTANT MAGISTRATE . 333
At the Criminal Sessions , held on the 22nd April, several ofch. XIV
-- § I.
the cases committed for trial would have been summarily decided , 1853.
had not the Chief Magistrate considered it necessary, for the The Police.
determent of others, that a more severe punishment should be Public
meeting
awarded than it lay in his power to inflict . proposed.
Trivial cases
committed.
The Proclamation by the Queen , to come into force on the 1st Home
currency.
October, 1853 , making the coins of the United Kingdom current Legal tender.
in Hongkong, and declaring the same not a legal tender in pay-
ment of sums exceeding forty shillings, was duly published on
the 27th April . Free pardons
on Queen's
Birthday.
On the occasion of the Queen's Birthday, the acting Governor, Tenders
on the 24th May, granted a free pardon to two Chinese , one erection of a
tread -wheel
being a woman . In further connexion with the Gaol , it may in the
be mentioned that, on the 7th June, the Government called for prisons.
tenders for the erection of a tread- wheel and other works. Privy
Council
Appeal.
The appeal case of Tromson, appellant, v . Dent and others , Tromson
respondents, was finally dealt with by the Privy Council on the and
Dent
others.
22nd June, 1853. * This was an appeal against the decision of Appeal
the acting Chief Justice, the Honourable Paul Ivy Sterling, decision
against
delivered on the 27th March, 1852, upon the verdict of a jury of Mr.
in an action of assumpsit brought by the respondents against actin
Sterling,
g Chief
the appellant, to recover the value of twenty- two chests of Behar Justice.
opium, shipped on board the steam-vessel the Erin, of which
the appellant was master, on a voyage from Calcutta to Hong-
kong, and alleged to have been lost through the improper con-
duct of the appellant as such master. The appeal was dismissed dismissed.
Appeal
with costs.
On the 8th July, the divorce suit of Mr. W. H. Mitchell , the case
Divorce
of
Assistant Magistrate, against his wife, and in which the co-re- W. H.
spondent was styled " Prince of Armenia," was tried in the Mitchell,
Assistant
Court of Queen's Bench before Lord Campbell and a special Magistrate,
Jury. Mr. Edwin James, with whom was Mr. Hance, appeared and his wife.
for the plaintiff, and Mr. Macaulay for the defendant . From the
report of the case which appeared in The Times of the 9th July, The report
of the case.
the plaintiff was married on the 1st July, 1848 , in Hongkong,
by the Reverend Mr. Stanton , to the defendant who was then
Mrs. Kirby, the widow of a local merchant. The Jury finding a
verdict of guilty , the damages against the co-respondent were
assessed at £ 700.
On the 9th March, 1854 , the separation was pronounced for, Separation
pronounced
the suit coming off in the Consistory Court before Dr. Lushing- P
* 8 Moo. P. C. C. 419.
334 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XIV § I.ton . The following is an extract from a Home paper of the time
1853. on the subject : -
" The defendant had left Hongkong for England with Dr. and Mrs. Stew-
art, her husband being the acting Chief Magistrate of Hongkong and unable
to leave his duties . For some time she resided with a Mrs. Lay, but in the
month of June, 1852, went to live at a boarding-house in Weymouth Street,
where it was alleged she met with a person named Koricoz, who styled him-
self the Prince of Armenia, and with whom two specific acts of adultery were
charged. She was expelled from that house, but it was pleaded great intimacy
subsisted between her and Koricoz . Mr. Mitchell, on being apprised of the
facts , came to this country, brought an action against Koricoz , and obtained a
verdict with £700 damages. An allegation was given in by Mrs. Mitchell,
denying the truth of the facts pleaded in the libel of the husband.
Dr. Haggard was proceeding to open the case on behalf of Mr. Mitchell,
when the learned Judge interposed, and said that he should like to hear the
counsel on the other side.
Dr. Deane said that he had intended calling the attention of the Court to
the evidence of two of the witnesses in the case ; but, as the learned Judge
had read the evidence, he would not press the matter.
Dr. Lushington said that he could not bring himself to doubt for a single
moment that the adultery was satisfactorily provedl. He therefore pronounced
Apathy for the separation, and signed the sentence."
characteristic
of the
Chinese. It had been a subject of universal complaint on the part of Euro-
Chinese in peans in the Colony, and one of long standing which exists to
serious
cases of this day, denoting apathy characteristic of and immutable in the
assault and
Chinaman, that in cases of assault and robbery in the streets.
robbery
looking on though hundreds of Chinese might be looking on, the offenders
and not are permitted to escape without an arm being stretched out
assisting.
Assault on to apprehend them, but in one instance, that of Captain
Captain Montgomery, of the Pestonjee Romanjee, who was assaulted and
Montgomery,
of the robbed in the Queen's Road in April, a by-stander, named
Pestonjer Lo Ahoi, reckoned without his host, for he was taken in cus-
Romanjee.
Lo Ahoi, a tody, examined , and committed for trial on a charge of mis-
by-stander, prision of felony. This proceeding seemed to have alarmed his
committed
for mispri countryman, several of whom petitioned the Chief Magistrate for
sion of his discharge, but of course ineffectually. The arguments they
felony. used may be inferred from Mr. Hillier's reply, copies of which
The Chinese
petition were posted up in the markets and principal thoroughfares.
the Chief
Magistrate. It severely animadverted on the apathy displayed by the Chi-
Mr. Hillier's nese in every case in which their own persons and property are
reply. not at stake, especially instancing fires, when, with few exceptions,
Apathy not the slightest assistance is rendered by the crowds who flock
displayed
by Chinese to the spot with intent to pillage , or for the mere gratification
where their
own pers ons of curiosity. Tried at the Criminal Sessions held on the 15th
and property July, Lo Ahoi was however acquitted, no witnesses having
not at stake. appeared , and the Jury naturally placing but little reliance upon
Acquittal
of Lo Ahoi. the only evidence which was in the form of depositions. Repeated
TRAGEDY ON BOARD THE ARRATOON APCAR. 335
instances of such apathy, as innate in the Chinaman , will be Ch. XIV § 1 .
found recorded occasionally in this work. * 1853.
On Monday, the 1st August, about noon, Her Majesty's Fri- AdmiralPellew
gate Winchester, Captain Shadwell, bearing the flag of Sir Fleet- succeeds
wood Broughton Reynolds Pellew, C.B. , K.C.H. , Vice - Admiral of Admiral
Austen.
the Blue, in succession to the late Admiral Austen ,† as Comman-
der-in - Chief in the East Indies, arrived in the harbour. Admiral
Pellew was the second son of the late Admiral Lord Viscount
Exmouth, G.C.B .; and on the occasion of his appointment to the
command of the forces in the East, a correspondent of The Times, The
mentappoint-
evidently acquainted with Admiral Pellew's qualifications for criticized
the high position conferred upon him, suggested that the first in The Times.
act of Sir James Graham as First Lord of the Admiralty, should
..
be, the cancelling of the appointment of Sir Fleetwood Pellew
to the command of the Indian fleet after thirty - four years' servi-
tude on the dry land ." As events showed afterwards, this sug-
gestion was by no means misplaced . ‡
On the 9th August Admiral Pellew in the Winchester, accom- Destruction
of pirates by
panied by the Spartan and other men- of- war, left the harbour, Admiral
returning on the 17th, having taken and destroyed during the Pellew.
cruize, a formidable fleet of pirates which were known to have
associated together on the west coast where they had committed
many depradations on peaceable trading vessels.
The Arratoon Apear left Hongkong for Calcutta early on the Murder of
Europeans
5th August, and returned to the harbour next morning at on board the
eight o'clock, having in that short interval been the scene of Arratoon
Apear by
one of the most direful and inexplicable of the tragedies on Chinese.
ship -board, which of late years had been so frequent. The
vessel was commanded by Captain Henry Lovett, and besides
Messrs. Skirving and Woodburn, the first and second mates,
and a lad of seventeen or eighteen years of age, there were two
other Europeans on board, -Mr. R. Scott Thomson, late Surgeon
of the Lady Mary Wood, and Mr. John Smith, late master of
the Red Rover. The crew consisted of twenty-one Lascars ,
one Manilaman , one Malay, and ten Chinese, with two Chinese
passengers . The ship carried neither treasure nor valuable
cargo. When she returned to the harbour under charge of the
acting gunner and Indian crew, she brought back the murdered
body of Captain Lovett, and his dog, but without any other
European or any of the Chinese. The Lascars stated that, dur-
ing the previous night, the Chinese had murdered the second
mate and the captain, that Mr. Smith had leaped overboard, the The mur-
other Europeans not being accounted for, and that the Chinese derers escape.
* See Chap. XX., infrà, and Volume II., Chaps. LXXII. and LXXXIX.
† Antè Chap. XII., § III., p. 320.
See his recall - end of section II. of this chapter.
336 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIV § I. had taken one ship's boat, cut the other adrift, and made for the
1853. shore, taking with them their own traps. At the inquest the
Jury returned a verdict of wilful murder against the twelve
Chinese, and severely censured the conduct of the Lascar portion
of the crew, as meriting severe punishment. The Government
offered a reward for the apprehension of the murderers who,
however, do not appear to have ever been apprehended .
Order of the
Queen-in- On the 11th August was published an " Order of Her Ma-
Council of jesty in Council for the government of Her Majesty's subjects
13th June,
1853, being within the Dominions of the Emperor of China, or being
abolishing within any ship or vessel at a distance of not more than one
Consular
Ordinances hundred miles from the coast of China ," which Order, dated the
and substi- 13th day of June, 1853 , abolished all the existing Consular Or-
tuting
a code. dinances , and substituted a code. * This code, however, embodied
a good portion of the provisions of the Ordinances, though the
powers of Consuls or Consular Officers and the Superintendent
of Trade were also considerably enlarged .
Powers The powers heretofore vested in the Supreme Court, however,
heretofore
vested in in regard to civil appeals and committals for trial , did not appear
the Supreme to have been very much affected .
Court.
Power for By the Order, authority was vested in the " Chief Superin-
Superin- tendent " as such, and not as " Chief Superintendent and
tendent and
Consuls Governor of Hongkong," and in the consuls, vice- consuls , etc. ,
to make
rules and within their respective districts , subject to the approval of the
to enforce
by fine and Chief Superintendent to make and to enforce, by fine or impri-
imprison- sonment, such rules and regulations as to him or them might
ment.
seem fit, for the observance of Treaties, and " for the peace,
order, and good government of Her Majesty's subjects within
the Dominions of the Emperor of China, etc. "
Civil suits.
Her Britannic Majesty's consuls were further authorized to
Appeals
to the hear and decide , subject to appeal , all civil suits between Bri-
Supreme tish subjects, or between British subjects and Chinese, the appeal
Court of
Hongkong to be, in the former case, to the Supreme Court of Hongkong
and to the should the amount in dispute exceed $ 1,000 ; or if, in a suit
Chief Super- between British subjects , the amount should be less than $ 1,000,
intendent.
to the Chief Superintendent.
Consuls were further empowered to inquire into all crimes and
offences charged against any British subject, and on conviction to
Rules of practice to be observed thereunder, under articles iii. and xxxvii, were pub
lished on the 20th October and the 15th November, 1853. See Government Gazette Nos. 5
and 9 of 1853. The list of fees receivable by Her Majesty's Consuls for the granting ofpro-
bates or letters of administration under article xxxvii. was published on the 25th March,
1854. For further matters concerning Consular Jurisdiction in relation to the Supreme
Court of Hongkong, see Volume I. , Chap. IV., p. 115 ; Chap. XII., pp. 300, 318 ; Volume
II., Chaps. XXXVII ., XXXIX ., XLII , XLIX . and LXXII.
REGULATIONS IN APPEALS TO THE QUEEN- IN - COUNCIL . 337
inflict such punishment, according to the nature and degree of Ch. XIV § I.
the offence, as they were authorized to do by the rules laid 1853.
down in the above -mentioned order.
Breaches of rules and regulations , made to ensure the due rules
Breaches
and of
observance of Treaties were made punishable summarily, the regulations.
penalty not to exceed $ 300 , or three months' imprisonment. Appeal from
Consul or
Breaches of rules and regulations other than those for the Vice-
to theConsul
Chief
Superin-
due observance of Treaties were made punishable by the Consul tendent.
or Chief Superintendent, sitting with or without assessors , ac-
cording to the degree of the offence-if without assessors , the
utmost penalty not to exceed a fine of $ 200 , or one month's
imprisonment ; if with assessors, $ 500, or three months' im-
prisonment.
In both those classes of cases an appeal lay from the Consul
or Vice - Consul to the Chief Superintendent.
For all other crimes and offences recognized as such by the trial
Case before